Court of Appeals of New York

In an appeal presenting the issue of whether a party in a health care related matter was entitled to recover attorney's fee from the commissioner of the New York State Department of Health under 42 U.S.C. section 1988(b) or whether such claims were barred under the Eleventh Amendment, the matter is remitted for a determination of (1) petitioner's claim that respondent's calculation of his wife's "community spouse resource allowance" (CSRA) violated a provision of thefederal Medicaid Act and (2) petitioner's request for section 1988 attorney's fees. Based on the record, the Court of Appeals could not determine whether the lower court in fact awarded fees on federal grounds.

Appellate Information

• Decided 06/12/2008
• Published 06/12/2008

Judges

Court

• Court of Appeals of New York

Counsel